Documente Academic
Documente Profesional
Documente Cultură
Matters!
Some Key
Questions & Answers
for Teachers
th
Edition
2016
Council of Ministers of Education, Canada
Canadian School Boards Association
Canadian Teachers Federation
This document may be freely reproduced
without obtaining the permission of the authors,
provided that no changes whatsoever are made
to the text.
Available at www.cmec.ca, www.cdnsba.org, and
www.ctf-fce.ca.
ISBN: 978-0-88987-236-3
TABLE OF CONTENTS
1.
Introduction
The publication of this 4th Edition of Copyright Matters! takes into
account key changes that have occurred in the area of copyright
since the 3rd Edition, published in 2012. Copyright law continues
to evolve in response to existing and emerging technologies,
international agreements, and the need for reasonable balance
between users and creators of copyright-protected works.
We hope that teachers will continue to find Copyright Matters! a
valuable tool in acquainting themselves with basic copyright rules.
This booklet is a starting point for increasing the awareness of your
rights and obligations, as a teacher, in selecting and using copyrightprotected materials at your educational institution.
The authors have sought to simplify a very complex subject. The
booklet is not a substitute for legal advice, which should be sought
in cases where the application of general principles is unclear.
Just as you would want to protect anything that you own, creators
want to protect their works. As students, we were all taught the value
of original thinking and the importance of not plagiarizing the works
of others. Since teachers use copyright-protected materials as well
as educate the copyright owners and users of tomorrow, they have
a unique responsibility to set the right example. The works of others
should not be used without their permission unless the use is permitted
by the Copyright Act. Teachers must be cognizant of the copyright
status of resource materials in their possession.
Copyright Matters!
Teachers, instructors, professors, and staff members in nonprofit educational institutions may communicate and reproduce,
in paper or electronic form, short excerpts from a copyrightprotected work for the purposes of research, private study,
criticism, review, news reporting, education, satire, and parody.
2. Copying or communicating short excerpts from a copyrightprotected work under these Fair Dealing Guidelines for the
purpose of news reporting, criticism, or review should mention
the source and, if given in the source, the name of the author or
creator of the work.
3. A single copy of a short excerpt from a copyright-protected work
may be provided or communicated to each student enrolled in a
class or course
a.
as a class handout;
b.
c.
Copyright Matters!
b.
c.
d.
e.
f.
an entire single poem or musical score from a copyrightprotected work containing other poems or musical scores;
g.
Copyright Matters!
Yes, as long as the copying is within the rules set out in the Fair Dealing
Guidelines.
Musical scores are usually sold individually that is, one musical work
at a time. The 10 per cent limit applies, and a teacher may copy 10 per
cent of a musical score under fair dealing.
Copyright Matters!
A teacher can copy (or take any other necessary action) to display a
work protected by copyright. This permits the use of whiteboards and
similar tools, overhead projection using a device such as an LCD screen,
overhead, opaque, or slide projector, provided the work is used for the
purpose of education and training and is not already commercially
available in a medium that is appropriate for this purpose.
Copyright Matters!
Teachers and students can copy and communicate the text of federal,
provincial, and territorial statutes, regulations, and judicial decisions
for educational purposes from every province and territory except
Manitoba, Quebec, and Nunavut.
Copyright Matters!
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Copyright Matters!
Yes. You can play sound recordings and turn on televisions and radios in
the classroom, subject to all of the following conditions:
This users right does not apply to recorded radio and television
programs, but only to playing radio and television programs while they
are being transmitted (by over-the-air broadcast, cable, satellite, or over
the Internet).
Where music is performed for a non-educational objective, SOCAN and
Re:Sound tariffs apply. Examples that require royalty payments include
music performed for extracurricular activities such as an assembly,
background music, a school dance, or a fashion show. Current
statements of applicable fees can be found on the SOCAN Web site at
www.socan.ca and on the Re:Sound Web site at www.resound.ca.
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before and after school, and during recess, if the use is for
educational purposes (e.g., school radio operated by students
for credit and supervised by a teacher).
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The following uses of live and recorded music are not permitted by the
Copyright Act and therefore require permission and payment:
at school dances;
SOCAN and Re:Sound can provide licences to schools and school boards
across Canada. Applicable rates can be found on the SOCAN Web site
at www.socan.ca and on the Re:Sound Web site at www.resound.ca.
The following uses of live and recorded music are not permitted by the
Copyright Act, and SOCAN and Re:Sound cannot provide licences to
schools and school boards for music used:
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13
The Copyright Act contains a users right permitting anyone, not just
students and teachers, to use copyright-protected works to create
new works. This users right is referred to in the Copyright Act as noncommercial user-generated content. This users right can be found
in section 29.21 of the Copyright Act as amended by the Copyright
Modernization Act. The following conditions apply to the creation of
non-commercial user-generated content:
1.
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Copyright Matters!
The copy must be made at the time the program is aired by the
broadcaster or communicated over the Internet.
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1.
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Copyright Matters!
No. Teachers cannot copy an audiovisual work at home and then show it
in the classroom. Teachers can, however, show a legally obtained copy
in the classroom. A legally obtained copy includes a copy purchased
or rented from a retail store, a copy borrowed from the library, a copy
borrowed from a friend, or a YouTube video.
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information on copyright?
Copyright can be, and often is, very complicated. This booklet provides
the basics to point you in the right direction toward increasing your own
copyright awareness. Exploring additional resources to obtain more
in-depth information on the topics that are covered in this booklet will
increase your knowledge. Awareness of copyright is important because
you are educating the copyright owners and users of tomorrow. More
detailed information is available from the following sources:
WEB SITES
A Web site by the Copyright Consortium of the Council of Ministers of
Education, Canada (CMEC), that helps teachers assess when they can
use copyright-protected materials without getting copyright permission
under the fair dealing provision of the Copyright Act.
www.copyrightdecisiontool.ca
The Council of Ministers of Education, Canada (CMEC) site contains an
electronic version of Copyright Matters! and information about CMECs
copyright activities.
www.cmec.ca/copyrightinfo
The Canadian School Boards Association
www.cdnsba.org/resources/canadian-copyright-reform
The Canadian Teachers Federation
www.ctf-fce.ca
The Department of Canadian Heritage site on copyright issues and
developments
www.canada.ca/en/canadian-heritage.html
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PRINT RESOURCES
Dryden, J. (2001). Demystifying copyright: A researchers guide to
copyright in Canadian libraries and archives. Ottawa: Canadian Library
Association. ISBN: 0-0-88802-298-0, $21.00.
Harris, E.L. (2012). Canadian Copyright Law, 4th ed. Hoboken, NJ: Wiley.
ISBN-13: 978-1118078518, $39.95.
Murray, L.J., & Trosow, S.E. (2013). Canadian copyright: A citizens guide.
Toronto: Between the Lines. ISBN-13: 978-1771130134, $20.56.
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